UNDERWOOD, District Judge.
This case came on to be heard upon a motion to dismiss filed on behalf of the United States.
The petition alleges that plaintiff is entitled to recovery of drawback taxes, under provisions of Section 3250 of the Internal Revenue Code, as amended, 26 U. S.C.A.Int.Rev.Code, § 3250, following rejection of the claim by the Commissioner of Internal Revenue.
The ground of the motion to dismiss is that plaintiff failed to file...
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